Court orders release of 71-year-old woman’s passport

A Federal High Court in Lagos yesterday ordered the Commissioner of Police, Special Fraud Unit (SFU), Ikoyi, Mr Tunde Ogunsakin, to release the International Passport of a bed-ridden 71-year-old woman.

Mrs Clara Oye Otoki was arrested over a family dispute involving her elder brother’s company – Nojovo Farms and Fisheries Limited – where she is a director.

The company is owned by the late Chief Babasola Rhodes (SAN).

In an affidavit in support of her application, Mrs Otoki said she had been on sick bed for six months, adding that she is unable to walk and is having excruciating pains across her back, pelvis, thigh bones and muscles.

The pains, she said, arose from the “complete destruction of the head of the right femur and the acetabulum.”

The applicant said she underwent surgery in the United Kingdom in 1993 and 1995, adding that her ailment was aggravated when she was asked “to report every now and then” to SFU.

Following a relapse of her condition, she said she was recommended for another surgery in the United States.

She is unable to embark on the journey “because of the forceful seizure and continuous retention of her International Passport by the respondents, she said.”

She sought a declaration that the forceful seizure of her passport and its retention since July 6, last year by SFU without court order is a gross violation of her right to freedom of movement.

Mrs Otoki urged the court to hold that the police’s seizure of her passport, despite her release on bail to a responsible surety, violates her rights.

The woman said the development “prevents her from obtaining appropriate medical attention abroad” and has endangered her life.

She said the rights are guaranteed under Section 33 and 41 of the 1999 Constitution (as amended).

The applicant prayed for a mandatory injunction directing the respondents to release the passport to her forthwith.

Her lawyer, Oviemuno Obobolo, referred to a Supreme Court case of “Director of SSS vs. Agbakoba,” where it was held that the right to freedom of movement includes the right to hold a passport.

Justice Mohammed Yinusa ruled that the application has merit.

“After considering all the issues raised by learned counsel for the applicant, the evidence in support and other exhibits, it is my considered opinion that there is evidence that the right of the applicant has been, is being and is likely to be further infringed upon. The application has merit. The reliefs sought by the applicant are hereby granted as prayed,” Justice Yinusa said.

Other respondents in the suit are the Investigating Police Officer (IPO), Mr Osong Ekpo and Mr Dauda Olanipekun.